Understanding Legal Pluralism: Past to Present, Local to global†

Tamanaha, Brian Ζ.

doi:10.4324/9781315091891-17

Cited by 130 publications

(87 citation statements)

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“…This indisputable finding allows one to make the following statement: "legal pluralism is a fact" (Griffiths 1986;Tamanaha 2008). What has been somewhat more difficult to agree upon is a precise definition of legal pluralism; therefore, we will provide a juxtaposition of selected definitions to be found in the literature as a way of drawing some initial inferences to help set our course: [.…”

Section: From Legal Pluralism To Judicial Pluralismmentioning

confidence: 98%

Non-State Justice Institutions and the Law

Kötter¹,

Röder²,

Schuppert³

et al. 2015

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This ground-breaking monograph series showcases cutting edge research on the transformation of governance in countries with weak state institutions. Combining theoretically informed and empirically grounded scholarship, it challenges the conventional governance discourse which is biased towards modern developed nation-states. Instead, the series focuses on governance in Africa, Asia and Latin America including transnational and transregional dimensions.Located at the intersection of global governance and international relations, on the one hand, and comparative politics, area studies, international law, history, and development studies, on the other, this innovative series helps to challenge fundamental assumptions about governance in the social sciences.

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Section: From Legal Pluralism To Judicial Pluralismmentioning

confidence: 98%

Non-State Justice Institutions and the Law

Kötter¹,

Röder²,

Schuppert³

et al. 2015

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show abstract

“…Legal pluralism is obviously one of the factors that engender the celebration of multi-tiered marriage contract in Nigeria. Legal pluralism itself has been identified as an element of globalisation (Michaels, 2013;Gunther 2008;Michaels 2009, Tamanaha 2008de Sousa Santos 2006, 45À46). Michaels (2009) and Gunther (2008) observe that some of the challenges posed by globalisation of laws are the same as those posed by legal pluralism, some of which are the coexistence of domestic laws with other legal orders.…”

Section: Globalisation and Multi-tiered Marriage In Nigeriamentioning

confidence: 98%

Impact of globalisation on domestic family law: multi-tiered marriage in Nigeria as a case study

Imam-Tamim

Zin

Ibrahim

2016

The Journal of Legal Pluralism and Unofficial Law

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The concept of globalisation is commonly discussed as an issue in international law. However, little attention is paid to its influence in domestic family law. As a result of the growing trend of globalisation, legal and cultural norms of the host culture and the foreign culture are fused, thereby, leading to cultural homogenisation or cultural hybridisation, depending on the level of accommodation of the foreign norm by the host norm. One of the areas where hybridisation or homogenisation of cultural and legal norms manifests, especially in African countries including Nigeria, is in the marriage system, particularly in the conclusion of marriage contracts. In Nigeria, one of the impacts of cultural hybridisation is the evolvement of multi-tiered marriage, where a couple combines marriages under the statute law, customary law and religious law, especially Islamic law. This paper is an exploratory study of how globalisation impacts on how and why multi-tiered marriage is contracted in contemporary Nigeria. The paper also briefly discusses how the combination of marriages as a response to globalisation affects the operation of family law rules in Nigeria as well as the rights of the parties involved, especially the women.

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“…Many developing countries, for example, have a mix of transplanted state legal institutions and non-state legal institutions (tribal courts, elders, religious courts, etc. ), with no two mixes alike, and these situations are far different from advanced economies of the global north, where law and society evolved together (Tamanaha 2008).…”

Section: The Limits Of the Knowable And Achievablementioning

confidence: 99%

The Knowledge and Policy Limits of New Institutional Economics on Development

Tamanaha

2015

Journal of Economic Issues

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Understanding Legal Pluralism: Past to Present, Local to global†

Cited by 130 publications

References 0 publications

Non-State Justice Institutions and the Law

Non-State Justice Institutions and the Law

Impact of globalisation on domestic family law: multi-tiered marriage in Nigeria as a case study

The Knowledge and Policy Limits of New Institutional Economics on Development

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